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HomeMy WebLinkAbout20140074 Ver 1_401 Application_20140114Needham Environmental Inc. Robert N. Needham, PWS 9100 Charlestowne Rd. SE Winnabow, NC 28479 Office/Fax (910)371 -6082 needhambud@ec.rr.com Mickey Sugg Regulatory Specialist US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Ave Wilmington, NC 28403 Tom Gulley, NCLSS# 1256 P.O. Box 960 Wilmington, NC 28402 Office/Fax (910)795 -0319 tgulley @gmail.com January 15, 2014 RE: PCN Form and Supporting Documentation for 160 Big Hammock Road (SAW- 2014 - 00017), Onslow County, North Carolina. Dear Mickey: + - Enclosed is the PCN Form and supporting documents for 160 Big Hammock Road. kowaL- -* unavoidable to place this home on the lot, without impacting a small area of wetlands. The home has been placed at the front building setback and a retaining wall will be used to minimize the footprint of the wetland impact. If you have any questions or concerns, I can be contacted at (910)795 -0319, (910)297 -1282, or by e -mail at tgulley&gmail.com. cc: NC DWQ (five copies) Catherine Young Sincerely, J. Tom Gulley, Jr. North Carolina Soil Scientist License# 1256 1:2� O�C,�W A�TF9 o�< Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? _T_Z Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express N Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: N Yes NX No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. N Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. 0 Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concem (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Pelican Point Lot 37 (160 Big Hammock Point Rd) 2b. County: Onslow 2c. Nearest municipality / town: Sneads Ferry 2d. Subdivision name: Pelican Point 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: William & Gail Inge 3b. Deed Book and Page No. 1279/963 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1524 Rogers Road 3e. City, state, zip: Graham, NC 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent X❑ Other, specify Buyer, property is under contract 4b Name Rodger & Catherine Young 4c Business name (if applicable) 4d Street address 2853 Ohara Dr 4e City, state, zip Tallahasse, FL 32309 4f Telephone no 904- 382 -0451 4g Fax no 4h Email address cate07O2 @yahoo com 5. Agent/Consultant Information (if applicable) 5a Name Tom Gulley 5b Business name (if applicable) Needham Environmental, Inc 5c Street address P O Box 960 5d City, state, zip Wilmington, NC 28402 5e Telephone no 910- 297 -1282 5f Fax no 910 - 795 -0319 5g Email address tgulley @gmad com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) Parcel ID# 048383, Map# 774A -261 lb Site coordinates (in decimal degrees) Latitude 34 5242 Longitude -77 3697 1c Property size 072 acres 2 Surface Waters 2a Name of nearest body of water to proposed project Atlantic Intracoastal Waterway 2b Water Quality Classification of nearest receiving water SA 2c River basin New River 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The property currently consists of a maintained or mowed grassy upland area with a vegetated wetland area with no major canopy trees or saplings The lot is within a subdivision with existing homes, piers, docks, ect 3b List the total estimated acreage of all existing wetlands on the property 0 55 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 75 3d Explain the purpose of the proposed project New construction of a single -family home 3e Describe the overall project in detail, including the type of equipment to be used Typical, residential, new home construction A small skid -steer will be used to place proposed fill on lot 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all nor phases) in the past? ❑X Yes ❑ No ❑ Unknown Comments Action ID SAW-2014-00017 4b If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Tom Gulley Agency /Consultant Company Needham Environmental, Inc Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Corps of Engineers approval dated 1/3/14 S. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No ❑X Unknown 5b If yes, explain in detail according to "help file" instructions 6 Future Project Plans 6a Is this a phased project? ❑ Yes ❑X No 6b If yes, explain Page 3 of 10 PCN Form — Version 14 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a Which sections were completed below for your project (check all that apply) ❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland Impacts proposed on the site, then complete this question for each wetland area impacted 2a Wetland Impact number Permanent (P) or Temporary T 2b Type of Impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of Impact (acres) W1 P Fill Non -Tidal Freshwater Marsh No Corps 00375 W2 - Choose one Choose one Yes /No W3 - Choose one Choose one Yes /No - W4 - Choose one Choose one Yes /No - W5 - Choose one Choose one Yes /No - W6 - Choose one Choose one Yes /No - 2g Total Wetland Impacts: 00375 2h Comments Freshwater Scrub /Shrub wetland adjacent to coastal marsh 3. Stream Impacts If there are perennial or Intermittent stream Impacts (Including temporary Impacts) proposed on the site, then complete this question for all stream sites Impacted 3a Stream Impact number Permanent (P) or Temporary (T) 3b Type of Impact 3c Stream name 3d Perennial (PER) or Intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 Choose one - - S2 Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h Total stream and tributary impacts 31 Comments Page 4 of 10 PCN Form — Version 1 4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then indivi ually list all open water impacts below 4a Open water impact number Permanent (P) or Temporary T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f Total open water impacts 4g Comments S. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f Total: 5g Comments 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 51 Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet B1 - Yes /No B2 - Yes /No B3 - Yes /No B4 - Yes /No B5 - Yes /No B6 - Yes /No 6h Total Buffer Impacts: 61 Comments Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Home was pulled forward on the lot to the front budding setback in hopes of avoiding any impact Based on budding setbacks and home size, the impact was not avoidable Placing the home at the front budding setback minimizes the impact Minimal fill is proposed around the home to also minimize the impacts 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques A retaining wall will be placed to the rear of home to minimize the total footprint of the impact 2 Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State? ❑ Yes ❑X No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity Quantity 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature Choose one 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - npanan wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form — Version 1 4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation ❑Yes E] No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required- 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes ❑ No 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 103% 2b Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c If this project DOES NOT require a Stormwater Management Plan, explain why This lot is in an existing subdivision and will only have 10 3% impervious surface 2d if this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? Sneads Ferry/Stump Sound ❑ Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 4. DWQ Stormwater Program Review OCoastal counties ❑HQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply) E] Session Law 2006 -246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? S. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements ❑X Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8 of 10 PCN Form — Version 1 4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ❑X No use of public (federal /state) land? lb If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter ) Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? El Yes ❑ No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes 0 No additional development, which could impact nearby downstream water quality 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description 4 Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility Sewer wio be provided by the ONWASA Holly Ridge Plant Page 9 of 10 PCN Form — Version 1 4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes X❑ No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c If yes, indicate the USFWS Field Office you have contacted - 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Critical Habitat Mapper 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? This Activity is located more than 75' from the normal high waterline The EFH online viewer was used 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? NCSHPO HPOWEB Viewer 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year floodplain? ❑X Yes ❑ No 8b If yes, explain how project meets FEMA requirements Home will be constructed to the appropriate flood elevation Proposed project area is in an AE Zone 8c What source(s) did you use to make the floodplain determination? Onslow County Online GIS L I 6AA1 I tj Applicant/Agent's Printed Name Date Applicant/ gent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 Needham Environmental, Inc. Main Office/Fax (910) 795 -0319 Tom Gulley — tguileykggmail corn P.O. Box 960, Wilmington. NC. 28402 Agent Authorization Form TO WHOM IT MAY CONCERN: I /we, the undersigned, hereby authorize Needham Environmental, Inc. to act as our agent in the preparation and representation of information related to the below listed tract. This authorization grants permission for the USACE to enter the property for the purposes of jurisdictional wetlands determination as well as review of any areas that may be included in a 404/401 or CAMA permits. This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by staff of Needham Environmental, Inc. TRACT NAME: Pelican Point Lot 37 Onslow Co. Parcel iD# 048383 TRACT LOCATION: 160 Big Hammock Rd OWNER /APPLICANT: SIGNATURE: DATE: ' 1 1km SS 1 i S111�S'�1 u l .= �1 1 ?� 3U� = r SITE Maq Source: Onslow County GIS Online Needham Environmental, Inc. 160 Big Hammock Point Rd Environmental Consultants Site Location Onslow County, NC Wilmington, N.C. 03-13-053 /COE Package.cdr January 2014 Needham Environmental, Inc. 160 Big Hammock Point Rd Environmental Consultants Generalized Soils Map Onslow County, NC Wilmington, N.C. 03-13-053 /COE Package cdr I January 2014 Property Boundary Shown in Yellow. Needham Environmental, Inc. 160 Big Hammock Point Rd Environmental Consultants Onslow County, NC Wilmington, N.C. 2012 Color Aerial 03- 13- 053 /COE Package .cdr January 2014 Needham Environmental, Inc. 160 Big Hammock Point Rd Environmental Consultants New River Inlet Onslow County, NC Wilmington, N.C. USGS Quad Sheet 03-13-053 /COE Package.cdr I January 2014 IRACOASTAL WATERWAYSI AO.AINFRS EXISTING BULKHEAD SIS 3 4"923. I,, 77.e,• TW-Amr LN 4� EIS .. ACOBRA ZONE UNE 1- rEL 10) •}� -- _ _ I� LOT 37 C R 1279, -.953 M.R. 30. P. 73, SL. 0 -211 `-� 31.448.18 S -F. 0.72 ACRES 10NEC - R15 'oo� W I LO T g PELICA INNEY ii I ERICK REESE ABER MCKINNEY Y 4 # G.B. 38 gB �, MEAN HIGH WATER UNEI c M.9. 30, P, G-211 �, I !FUG LOCATED 7/14/13 n 5EE NOTE 'A' 15B RIG HAMA ^.IYT R0. SNEACS FUR 28460 \ I z ZONEC EIS ON LINE ft 4'- WEILAY:s L.B _.1i1 CAVA SETBACK LINE _.T 4E 10) SEE NOTE 'A' \V r — iTiACOASTAL WATERWAY ', � �' C+ t- o9�� WIS q/ ,MO' _ IGHT OF WAY LINE Cl , f'7W4' - - 4�A WETLANDS !'> �, +(i+ 'AETLAN05 LINE - - m CAMA UNE i L2;/ - N'ETLANO +NYACT ari_A 0.375 acres) finished grade will be at the 5'contour WETLANDS . w] 75' AEC LINE Fitt LANE 7D BE TO• S'EE NOTE 'A' EXISTING HOUSE _ tt°PENW9 MOUSE _ l Retaining wall or vegetated soil sloped at a 1.5:1 ratio, with silt S " - fence place at base during construction q4i� J 17 SC' AF.- p we Rio EJ0571NG HOUSE W5 WT d ADJOINERS EXISTING LL IU W I p 33.58' s WOOD HEADWA N•s % I - N I p V) NETLAhC_i 111 L - g > gQS- LINE 'x 4 �0, JI N y .9.58 W,, 30.00' ° 3459 J r o 25' MBL .....- :: :. -:::: 25. M4L i -y- r250 ii.:iij; 3'.3' lY UNDE ^ / ...:.:.:..:.:..:: RGROUND o Y rORIVEWAY: ELEC. BOX ,� cog EIS N 33'15'58' E 7501' ABLE BOX EIS 4�-� IG HAMMOCK POINT ROAD - 50' R W J _ 1" - 60' - - - -7 589.49' TO R/W OF z SHELL DRIVE (M.8.30. P EIS NFedham Environmental, Inc. 160 Big Hammock Point Rd Environmental Consultants Wetland Impact Onslow County, NC Wilmington, N.C. Overview Map 03- 13 -053 /COE Package.cdr January 2014 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW - 2014 -00017 County Onslow U.S.G.S, Quad NC -NEW RIVER INLET NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: Roger and Catherine Young Address: 2853 Obara Drive Tallahasse. FL. 32309 Size (acres) 0.72 Nearest Town Sneads Ferry Nearest Waterway AIWW River Basin New. North Carolina. USGS HUC 3030001 Coordinates 34.523930 N, - 77.364152 W Location description: The property is located at 160 Big Hammock Point Road in Sneads Ferry. Onslow County. North Carolina. Parcel #: 774A -2 Indicate Which of the Followinz App: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331) If you wish, you may request an approved ID (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD B. Approved Determination X There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification X There are waters of the U.S including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final. any delineation must be verified by the Corps. _ The waters of the U S including wetlands on your project area have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years X The waters of the U.S including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on January 3, 2014 Unless there is a change in the law or our published regulations, this determination mar be relied upon for a period not to exceed five years from the date of this notification _ There are no waters of the U,S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations. this determination may be relied upon for a period not to exceed fire years from the date of this notification X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA) You should contact the Division of Coastal Management ui Morehead City. NC, at (252) 808 -2808 to determine their requirements Page 1 of 2 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Bailey at 910- 2514469 or Dayid.E.Bailey2Cri usace.a rmy.miL C. Basis For Determination: The site exhibits features with Mean fth Water and wetland criteria as defined in the applicable Re i nal Supplement to the 1987 Corps Wetland Delineation Manual. The waterg on site Include the Atlantic Intracoastal Waterway, a Tradition llv Navizable Waterway, and ad scent wetlands. This determination is based on an office verification by David E. Bailey (USACE) on 10/28/2013. D. Remarks: The wetlands and other Waters of the US on the property were flagged by Tom Gulley (Needham Environments E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delmeation/detenmuiation may not be valid for the wetland conservation provisions of the Food Security Act of 1985 If you or your tenant are USDA Program participants, or anticipate participation in USDA programs. you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address- US Army Corps of Engineers South Atlantic Division Attn. Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303 -8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 3315, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by March 4, 2014 "It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence ** Corps Regulatory Official:' Date January 3, 2014 Expiration Date, January 3.2019 The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit hgp 'per? riu p usace- armi mil survey h_ tml to complete the survey online Copy furnished Joanne Steenhuis, NCDENR -DWR, 127 Cardinal Drive Extension, Wilmington, NC 28405 William Inge. 1524 Rogers Road, Graham- NC 272533 Tom Gulley Needham Environmental, Inc., P 0 Box 960, Wilmington. NC 28402